Patna High CourtCR. APP (SJ)/3167/2024allowed

Abhishek Singh @ Alok Raj v. The State Of Bihar

2025-11-11Mr. Justice Prabhat Kumar Singh7 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3167 of 2024 Arising Out of PS. Case No.-23 Year-2022 Thana- SC/ST District- Saran ====================================================== Abhishek Singh @ Alok Raj Son of Sanjay Singh @ Sanjay Kumar Singh Resident of Village - Harshpura, P.S.- Daudpur, District - Saran. ... ... Appellant/s

Versus

1 .

The State of Bihar 2.

Munna Kumar Ram Son of Suresh Ram Resident of Village - Harshpura, P.S.- Daudpur, District - Saran, Pin - 841205. ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 2252 of 2024 Arising Out of PS. Case No.-23 Year-2022 Thana- SC/ST District- Saran ====================================================== Sanjay Singh @ Sanjay Kumar Singh Son of Late Sribhagwan Singh R/O Vill.- Harshpura P.S.- Daudpur, Dist.- Saran ... ... Appellant/s

Versus

1 .

The State Of Bihar 2.

Munna Kumar Ram Son of Suresh Ram R/O Vill.- Harshpura P.S.- Daudpur, Dist.- Saran ... ... Respondent/s ====================================================== with CRIMINAL APPEAL (SJ) No. 4329 of 2024 Arising Out of PS. Case No.-23 Year-2022 Thana- SC/ST District- Saran ====================================================== Vikky Singh @ Vicky Singh @ Subham Kumar Son of Late Ashok Singh Resident of Village- Harshpura, P.S.- Daudpur, Distt.- Saran ... ... Appellant/s

Versus

1 .

The State of Bihar 2.

Munna Kumar Ram Son of Suresh Ram Resident of Village- Harshpura, P.S.- Daudpur, Distt.- Saran, Pin Code-841205 ... ... Respondent/s ====================================================== Appearance :

(In CRIMINAL APPEAL (SJ) No. 3167 of 2024)

2/7 For the Appellant/s :

Mr. Sanjay Kumar , Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP (In CRIMINAL APPEAL (SJ) No. 2252 of 2024) For the Appellant/s :

Mr. Sanjay Kumar , Advocate For the Respondent/s :

Mr. Sadanand Paswan, Spl. PP (In CRIMINAL APPEAL (SJ) No. 4329 of 2024) For the Appellant/s :

Mr. Sanjay Kumar , Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2025 RE:- Cr. Appeal (SJ) No. 3167 of 2024 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No. 2 .

2. This appeal has been filed for setting aside order dated 26.06.2024 passed in a case registered for the offence punishable under sections 342, 323 , 504 and 506 of IPC and section 3(i)(r)(s), 3(2)(va) of SC/ST (POA) Act, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , informant namely, Munna Ram alleged that on 19.12.2022 , he was entering in the temple then all the F.I.R. named accused persons including this appellant surrounded informant, abused him by caste name and

3/7 assaulted him. It is further alleged that this appellant assaulted him with legs in his stomach .

4. It is submitted on behalf of appellant that both the parties are co-villagers and due to petty dispute , this false and concocted case has been lodged. Though, there is allegation of assault against this appellant but there is no injury report on record. It is further submitted that there is no other maetrial to suggest that the offence was committed solely on the ground that the informant belongs to Schedule caste and Schedule tribes and as such no offence under SC / ST Act is made out. 5 . Learned special public prosecutor for the State opposed the bail.

6. Considering the aforesaid facts, this appeal is allowed and the impugned order is set aside. Let the appellant, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive special Judge SC / ST Act, Saran in connection with Saran SC / ST Police Station Case No. 23 of 2022 .

4/7 RE:- Cr. Appeal (SJ) No. 4329 of 2024 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No. 2 .

4. It is submitted on behalf of appellant that both the parties are co-villagers and due to petty dispute , this false and concocted case has been lodged. Though, there is allegation of assault against this appellant but there is no injury report on record. It is further submitted that there is no other material to suggest that the offence was committed solely on the ground that the informant belongs to Schedule caste and Schedule tribes

5/7 and as such no offence under SC / ST Act is made out. 5 . Learned special public prosecutor for the State opposed the bail.

RE:- Cr. Appeal (SJ) No. 2252 of 2024 Heard learned counsel for the parties. Despite valid service of notice , nobody appears on behalf of respondent No. 2 .

6/7 Munna Ram alleged that on 19.12.2022 , he was entering in the temple then all the F.I.R. named accused persons including this appellant surrounded informant, abused him by caste name and assaulted him. It is further alleged that this appellant wrapped gamcha around neck of informant.

4. It is submitted on behalf of appellant that both the parties are co-villagers and due to petty dispute , this false and concocted case has been lodged. Though, there is allegation of assault against this appellant but there is no injury report on record. It is further submitted that there is no other material to suggest that the offence was committed solely on the ground that the informant belongs to Schedule caste and Schedule tribes and as such no offence under SC / ST Act is made out. 5 . Learned special public prosecutor for the State opposed the bail.

7/7 SC / ST Act, Saran in connection with Saran SC / ST Police Station Case No. 23 of 2022 .

(Prabhat Kumar Singh, J) Koushik/- U T